FA462519R0010_Lime_Sludge_18Jun19.pdf

This is a combined synopsis/solicitation for Lime Sludge Removal service (base year plus four option years) prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation #FA462519R0010 is being issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03, Defense Acquisition Circular 20190531, and Air Force Acquisition Circular 2018-0525. This procurement is a 100% Small Business Set-Aside. The applicable North American Industry Classification System (NAICS) Code is 562219, Other Waste Collection. The Small Business Size Standard is $38.5M. Paper copies of the RFQ will not be made available.

Evaluation for this acquisition will be a best value determination considering technical, past performance and price.

52.212-2 Evaluation -- Commercial Items; The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The award will be made to the lowest proposal who meets the technical requirements of the Government which will be evaluated on an acceptable/unacceptable basis IAW this solicitation.

The following factors shall be used to evaluate offers:

1. Technical will be evaluated on an acceptable/unacceptable basis using the following factors:

a. Offerors shall identify their methodology for disposing of lime sludge to include, but not limited to: available equipment, disposal location, and inclement weather plan.

b. Offerors shall submit copies of all permits necessary for the performance of this contract, or an approved alternative method of disposal, in accordance with the Performance Work Statement, sections 1.3 and 1.4 (attachment 1).

2. Past Performance will be evaluated on an acceptable/unacceptable basis, based on submission of two (2) references occurring within the last three (3) years for whom the Offeror has performed a similar service (e.g. hauling non-hazardous liquid waste) with Federal, State, or Local Governments. If the Offeror does not have Government references, the Offeror shall provide references from private industry sources that are not prohibited from furnishing information to the Government.

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

References shall identify:

a. Company name

b. Point of contact

c. Phone number

d. Project Title and Description

e. Period of Performance

f. Contract amount

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note above)

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

3. Price shall be evaluated based upon the lowest price proposed.

The Government reserves the right to refrain from awarding to any Offeror with pricing that is not determined reasonable and balanced. Option year prices will be evaluated.

Extension of services, 6 months, will be included for total overall contract cost.

In addition to the above, the Offeror’s quote submission shall consist the following:

1. Company letter identifying point of contact and cage code.

2. Completed bid schedule, attachment 2.

INFORMATION REGARDING SUBMISSION OF PROPOSALS: Electronic submission of proposals is required. All proposals and related documents will be submitted via e-mail or CD/disc to the 509th Contracting Squadron, unless otherwise noted. The e-mail/CD/disc must arrive at the designated time specified in the solicitation to be considered responsive, and considered in the evaluation process.

The physical address is:

Attn: TSgt Daniel Young

509 CONS/PKA

660 Tenth St, Ste 222 Whiteman AFB, MO 65305-5316

The e-mail address is: 509cons.sollgca@us.af.mil mailto:509cons.sollgca@us.af.mil

Quotes must be received by 9 July 2019, 2:00 PM CST in order to be considered for award; late quotes will not be considered for award. All quotes shall be valid for a period of 120 days. **It is the responsibility of the offeror to ensure timely receipt of the proposal, regardless of e-mail or physical disc. E-mail or CD received in the Government office after the closing time will be considered late and not considered for award.

Prospective Offerors must be registered in the System for Award Management (SAM) (www.sam.gov) in order to be eligible for award. All responsible sources may submit a quote which, if timely received, will be considered by this agency.

Service Contract Act applies, Department of Labor Wage Decision Number 2015-5090 (rev. 10) dated 05/09/2019, is hereby incorporated by reference and can be found at the following internet address: https://beta.sam.gov/wage-determination/2015-5090/10

Site Visit Information: A site visit for this solicitation will be held on Tuesday, 25 June 2019 at 1:30 p.m. CST. Attendance will be limited to two (2) persons per offeror. All attendees will meet at Whiteman AFB Visitor’s center by 1:15 p.m. CST. Only one site visit will be offered/provided. Interested Offerors are highly encouraged to attend the site visit. Offerors are able to provide a proposal without site visit attendance. Site visit information shall be sent to 509cons.sollgca@us.af.mil to the attention of Lt Peter Cucci and SSgt Daniel Young, no later than 24 June 2019 at 2:00 p.m. CST. Provide name, phone number and company name for attendance. A valid Government issued ID will be required for entry.

For either the site visit or submission of proposals, all personnel requesting access to Whiteman AFB must possess a valid State or Government picture identification card.

Furthermore, individuals presenting identification cards from a state that is non-compliant with the REAL ID Act will require additional documentation to gain unescorted base access. Additional documentation include a valid U.S. or foreign government issued passport, an employment authorization document that contains a photograph, or identification cards issued by federal state or local government agencies that include a photo and biographic information. A full list of REAL ID Act compliant and non-complaint states can be found at https://www.dhs.gov/real-id. Personnel requesting vehicle access to Whiteman Air Force Base must provide a valid driver's license, current vehicle registration, and valid vehicle insurance.

The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

The following FAR Clauses and Provisions apply to this acquisition:

In accordance with FAR 52.252-1 and FAR 52.252-2, the following solicitation clauses and provisions are incorporated by reference, available at www.farsite.hill.af.mil:

mailto:509cons.sollgca@us.af.mil https://www.dhs.gov/real-id http://www.farsite.hill.af.mil/

52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements.

52.204-1 Approval of Contract 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-14 Service Contract Reporting Requirements 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-20 Predecessor of Offeror 52.204-22 Alternative Line Item Proposal.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.207.1 Notice of Standard Competition

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—

Representation 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or A

Felony Conviction Under Any Federal Law (Feb 2016) 52.212-1 Instructions to Offerors--Commercial Items 52.212-2 Evaluation—Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications—Commercial Items (Jan 2017) 52.212-4 Contract Terms and Conditions--Commercial Items 52.217-5 Evaluation of Options 52.217-8 Option to Extend Services 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Items (Jan 2017) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or

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Not at 1.1"

Pricing Data 52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data -- Modifications (Oct 2010) - Alternate III 52.217-5 Evaluation of Options 52.217-8 Option to Extend Services 52.217-9 Option to Extend the Terms of the Contract 52.219-1 Small Business Program Representations 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns 52.219-13 Notice of Set-Aside of Orders.

52.219-14 Limitations on Subcontracting 52.219-28 Post Award Small Business Program Rerepresentation 52.222-2 Payment for Overtime Premiums 52.222-3 Convict Labor 52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-21 Prohibition of Segregated Facilities.

52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards- Overtime Compensation 52.222-17 Nondisplacement of Qualified Workers 52.222-21 Prohibition of Segregated Facilities 52.222-22 Previous Contracts and Compliance Reports

52.222.24 Preaward On-Site Equal Opportunity Compliance Evaluation 52.222-25 Affirmative Action Compliance 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-38 Compliance with Veterans’ Employment Reporting Requirements 52.222-40 Notification of Employment Rights Under the national Labor Relations Act 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-41 Service Contract Labor Standards

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price

Adjustment 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658.

52.222-62 Paid Sick Leave Under Executive Order 13706.

52.223-5 Pollution Prevention and Right-to-Know Information 52.223-6 Drug-Free Work Place 52.223-10 Waste Reduction Program 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

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52.225-13 Restrictions on Certain Foreign Purchases.

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-- Representation and Certifications.

52.228-5 Insurance - Work on a Government Installation 52.229-3 Federal, State and Local Taxes 52.232-1 Payments 52.232-8 Discounts for Prompt Payment 52.232-11 Advanced Payments 52.232-15 Progress Payments Not Included 52.232-17 Interest 52.232-18 Availability of Funds 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.233-1 Disputes 52.233-2 Service of Protest 52.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim.

52.237-1 Site Visit 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 52.222-62 Paid Sick Leave Under Executive Order 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-10 Waste Reduction Program 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-- Representation and Certifications.

52.228-5 Insurance - Work on a Government Installation 52.229-3 Federal, State and Local Taxes 52.232-1 Payments 52.232-8 Discounts for Prompt Payment 52.232-18 Availability of Funds 52.232-33 Payment by Electronic Funds Transfer – System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.242-13 Bankruptcy

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52.246-4 Inspection of Services--Fixed Price 52.246-25 Limitation of Liability--Services 52.249-2 Termination for Convenience of the Government (Fixed- Price) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) 52.249-8 Default (Fixed-Price Architect Engineer) 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated by Reference 52.252-5 Authorized Deviations in Provisions 52.253-1 Computer Generated Forms 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-0001 Line Item Specific: Single Funding 252.204-7003 Control of Government Personnel Work Product.

252.204-7004 Alt A System for Award Management Alternate A 252.204-7006 Billing Instructions.

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported

Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The

Government of a Country that is a State Sponsor of Terrorism 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials 252.223-7008 Prohibition of Hexavalent Chromium.

252.225-7001 Buy American and Balance of Payments Program.

252.225-7002 Qualifying Country Sources as Subcontractors.

252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.232-7011 Payments in Support of Emergencies and Contingency Operations.

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

252.243-7001 Pricing of Contract Modifications.

252.244-7000 Subcontracts for Commercial Items 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.232-7006 Wide Area Workflow Payment Instructions 252.232-7007 Limitation of Governments Obligation 252.246-7003 Notification of Potential Safety Issues 5352.201-9101 Ombudsman 5352.223-9001 Health and Safety on Government Installations 5352.242-9000 Contractor Access to Air Force Installations

In accordance with FAR 52.252-1 and FAR 52.252-2, the following solicitation clauses and provisions are incorporated by full text, available at www.farsite.hill.af.mil:

52.204-1 -- Approval of Contract.

As prescribed in 4.103, insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.

(End of Clause)

52.204-20 – Predecessor of Offeror.

As prescribed in 4.1804(d), insert the following provision:

Predecessor of Offeror (July 2016)

(a) Definitions. As used in this provision--

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file.

This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

http://www.farsite.hill.af.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P21_3335 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P878_112066

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

(End of provision)

52.209-1 -- Qualification Requirements.

As prescribed in 9.206-2, insert the following clause:

Qualification Requirements (Feb 1995)

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) _____________________________________

(Address) ___________________________________

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _______________________________

Manufacturer’s Name __________________________ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P272_54414

Source’s Name _______________________________

Item Name __________________________________

Service Identification __________________________

Test Number ______________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of Clause)

52.209-5 -- Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

Certification Regarding Responsibility Matters (Oct 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P72_15888

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax

Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection.

The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director;

owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph

(a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7(d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P72_15888

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

_See Statement of Work Attachment 1____________

[Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

Technical and past performance, when combined, are ___equal___ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P123_20066

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Oct 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily;

or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P123_20066 https://www.sam.gov/

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran;

and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C.

1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes http://www.sam.gov/ provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

_____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph

(c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60- 2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and…